Juror: Murder acquittal difficult choice

A juror who voted to acquit a Boston teenager accused of murdering a Sudbury man believes the man is guilty, but he said the state failed to prove its case.

John Hilliard/Daily News staff

A juror who voted to acquit a Boston teenager accused of murdering a Sudbury man believes the man is guilty, but he said the state failed to prove its case.

The juror, who asked not to be identified, also said the heartbroken mother of the victim needs to understand there was not enough reliable evidence to convict Etanis Cumba in the death of 20-year-old Joseph A. Wilson Jr.

"She needs to understand, the family needs to understand, it was reasonable doubt," the juror said yesterday. "Walking out of that courtroom was probably one of the worst experiences the jury ever had."

On Tuesday, a Suffolk Superior Court jury cleared Cumba, 19, of Roxbury, of first-degree murder. Authorities alleged Cumba stabbed Wilson to death on Oct. 2, 2005, at a party in Boston's Mission Hill.

Despite the flaws in the prosecutor's case, the juror said he believes Cumba "probably" killed Wilson.

"There's some of us on the jury who feel Cumba did do it ... but 'probably' is not (beyond) reasonable doubt," he said.

The juror said the two witnesses who saw Cumba at the party and said he killed Wilson were unreliable. At least one, he said, was using drugs at the time. Jury members also questioned elements of the police investigation and whether they had "the full story" in the case, he said.

With the trial over, the juror said he worries about the safety of those two witnesses. Both "stuck their necks out" by accusing Cumba, he said.

The juror believes other tenants of the Mission Park housing development "know exactly who did it," he said.

During the trial, Wilson family members argued Cumba's friends tried to influence another member of the jury, but trial Judge Linda Giles found no evidence of jury tampering.

The juror who spoke to the News was not the subject of the jury tampering allegations. He denied there was pressure on the jury to acquit Cumba.

"I feel quite strongly that did not happen," said the juror.

The victim's mother, Bronwen Wilson of Sudbury, said she believes a woman on the jury was influenced by members of Cumba's family.

She said she is trying to convince the Suffolk County District Attorney's office to review tapes of courthouse surveillance video, which Wilson said could show Cumba family members surrounding that jury member.

She said yesterday the juror who believes that Cumba is guilty should not have voted to acquit him. "That's wrong," said Wilson. "If (the juror) felt in his heart (Cumba) did it, he should have voted it."

During the trial, Cumba dressed neatly with a tie and appeared calm. He made eye contact with jury members while taking notes, said the juror.

"(Cumba) actually was incredibly composed ... he seemed like the guy who was going to make it through this," said the juror.

Cumba could not be reached for comment. His attorney, Rosemary Scapicchio, said Cumba is staying with family - his mother lives in Mission Park - while he looks for a job and begins school.

During the trial, Scapicchio questioned portions of the prosecutor's evidence and the reliability of witnesses who testified.

" 'Probably' guilty is not good enough" for a conviction, said Scapicchio. "If the juror is saying, 'Probably,' 'Probably' is not enough."

She said Cumba should not remain at his home because members of Wilson's family know where he lives. "I don't think that's a good idea for him," said Scapicchio.

Wilson's mother, Bronwen, said her family is not thinking of revenge. She said her family has been denied justice for a loved one who had a fiancee and was planning on moving out of state and starting his own business.

"I'm not going after (Cumba). But he better not show up in my face," said Wilson. "I never wished him dead, but I wanted justice."

Jake Wark, spokesman for the Suffolk district attorney's office, said Cumba was their primary suspect and prosecutors made their case against him. The DA's office will continue the investigation into Joseph Wilson's murder "should we learn new or divergent information," said Wark.

In the end, justice was not done for the Wilson family, said the trial juror.

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